Law:

Section:

Constitution of Pakistan (1973)-------Art. 185(3)---Appeal to Supreme Court---Scope---Supreme Court does not embark upon a fresh factual inquiry in exercise of the jurisdiction under Art. 185(3) of the Constitution, particularly when the reasoning in the impugned is neither fanciful nor arbitrary. Anwar Hussain, Advocate Supreme Court and Ali Akbar, Advocate-on-Record for Appellants. Syed Shaheenshah Hussain, Advocate Supreme Court and Ghulam Qadir Jatoi, Advocate-on-Record for Respondents Nos.1 - 3. Ansari Abdul Latif, Advocate Supreme Court for Respondents Nos.4-9. Date of hearing: 9th April, 2010. JUDGMENT JAWWAD S. KHAWAJA, J.---The appellants impugn the judgment of the High Court of Sindh dated 7-2-2009, whereby a second appeal filed by the respondents was allowed and the concurrent judgments of the two Courts below were set aside. As a consequence, the suit filed by the appellants for possession, mesne profits etc. was dismissed. The facts of the case have been duly noted in the impugned judgment. The same, therefore, need not be reproduced in extenso. 2. The main argument advanced on behalf of the appellants/plaintiffs was that the respondents/defendants were trespassers and, therefore, could not question the gift claimed by the appellants from their father Abdul Aziz. He also cited law in support of this proposition. We, however, note that the argument being advanced is misconceived. The appellants/plaintiffs claimed to be donees of the land. In the impugned judgment, it has been held for cogent reasons that…

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